City Council Public Hearing Minutes

February 11, 2008

February 12, 2008

February 13, 2008

Present:
S.Mandel; B.Anderson, J.Batty, T. Caterina, E.Gibbons, R.Hayter, B. Henderson, D. Iveson, K.Krushell, K.Leibovici, L.Sloan, A. Sohi, D.Thiele.
Also In Attendance:
A. Giesbrecht, Office of the City Clerk
J. Johnson, Corporate Services Department (Law)

A.CALL TO ORDER AND RELATED BUSINESS

A.1.Call to Order

Mayor S. Mandel called the meeting to order at 1:31 p.m.

Councillors K. Krushell and K. Leibovici were absent.

A.2.Adoption of Agenda

Moved J. Batty – L. Sloan:

That the February 11, 2008, City Council Public Hearing agenda be adopted with the following replacement report:

F.6.Bylaw 14807 – Closure of a portion of the north/south lane, located south of 100 Avenue, between 115 Street and 116 Street, Oliver

January 17, 2008, Planning and Development Department report 2007PDP597rev

Carried

For the Motion: S.Mandel; B.Anderson, J.Batty, T.Caterina,
E.Gibbons, R.Hayter, B. Henderson, D. Iveson,
L. Sloan, A. Sohi, D.Thiele.

Absent:K. Krushell, K. Leibovici.

A.5.Explanation of Public Hearing Process

Mayor S. Mandel explained the public hearing process.

Councillor K. Leibovici entered the meeting.

A.4.Protocol Items

Mill Woods Christian School (S. Mandel)

On behalf of City Council, Mayor S. Mandel welcomed Mill Woods Christian School students and their teachers, Mr. Lobb and
Mrs. Peters.

Councillor K. Krushell entered the meeting.

A.6.Call for Persons to Speak

BYLAWS SCHEDULED TO COMMENCE AT 1:30 P.M.

F.FIRST, SECOND AND THIRD READING BYLAWS

F.1.Bylaw 14829 - Rezoning from AGI to IM, located north of Whitemud Drive and east of 17 Street NW, Southeast Industrial

In favour: M. Pankiw, IBI Group (to answer questions).

F.2.Bylaw 14840 - Rezoning from AG to RSL and RPL, located at 1461 – 66 Street SW, Walker

In favour: C. Dulaba, Stantec Consulting Ltd. (to answer questions).

Moved D. Thiele – L. Sloan:

That the public hearing on Bylaws 14829 and 14840 be closed.

Carried

For the Motion: S.Mandel; B.Anderson, J.Batty, T.Caterina,
E.Gibbons, R.Hayter, B. Henderson, D. Iveson,
K. Krushell, K. Leibovici, L. Sloan, A. Sohi,
D.Thiele.

Moved D. Thiele – L. Sloan:

That Bylaws14829 and 14840 be read a first time.

Carried

For the Motion: S.Mandel; B.Anderson, J.Batty, T.Caterina,
E.Gibbons, R.Hayter, B. Henderson, D. Iveson,
K. Krushell, K. Leibovici, L. Sloan, A. Sohi,
D.Thiele.

Moved D. Thiele – J. Batty:

That Bylaws 14829 and 14840 be read a second time.

Carried

For the Motion: S.Mandel; B.Anderson, J.Batty, T.Caterina,
E.Gibbons, R.Hayter, B. Henderson, D. Iveson,
K. Krushell, K. Leibovici, L. Sloan, A. Sohi,
D.Thiele.

Moved D. Thiele – R. Hayter:

That Bylaws14829 and 14840 be considered for third reading.

Carried

For the Motion: S.Mandel; B.Anderson, J.Batty, T.Caterina,
E.Gibbons, R.Hayter, B. Henderson, D. Iveson,
K. Krushell, K. Leibovici, L. Sloan, A. Sohi,
D.Thiele.

Moved D. Thiele – J. Batty:

That Bylaws14829 and 14840 be read a third time. / Distribution List

Carried

For the Motion: S.Mandel; B.Anderson, J.Batty, T.Caterina,
E.Gibbons, R.Hayter, B. Henderson, D. Iveson,
K. Krushell, K. Leibovici, L. Sloan, A. Sohi,
D.Thiele.

Council recessed at 1:36 p.m.

Council reconvened at 2 p.m.

Councillors R. Hayter, D. Iveson, K. Leibovici and D. Thiele were absent.

BYLAWS SCHEDULED TO COMMENCE AT 2 P.M.

A.5.Explanation of Public Hearing Process

Mayor S. Mandel explained the public hearing process.

Councillor D. Iveson entered the meeting.

A.6.Call for Persons to Speak

E.REPORTS

E.1.Amendment to the Heritage Valley Servicing Concept Design Brief

F.FIRST, SECOND AND THIRD READING BYLAWS

F.3.Bylaw 14779 - To adopt the Chappelle Neighbourhood Area Structure Plan

F.4.Bylaw 14845 - Rezoning from AG to RF6; located north of 41 Avenue SW and west of 141 Street SW, Chappelle

F.5.Bylaw 14846 - Rezoning from AG and AGU to AGU, PU, RA7, RF4, RF5, RPL and RSL; located north of 41 Avenue SW and west of 141 Street SW, Chappelle

Mayor S. Mandel asked if there was any objection to Item E.1., and Bylaws 14779, 14845 and 14846being read together. No one objected.

In favour: J. Brown, Sherrick Management Ltd.; T. Lumsden, Carma Developers Ltd.; and L. Newton, Stantec Consulting Ltd. (to answer questions).

F.6.Bylaw 14807 - Closure of a portion of the north/south lane, located south of 100 Avenue, between 115 Street and 116 Street, Oliver

Opposed: D. Nord, Community of Oliver Group and Oliver Community League; M. Aubry, Community of Oliver Group; D. Howatt; L. Chasse, Oliver Community League; G. McCuaig; C. Bolivar; P. Lang; R. Bakshi; G. Barr; A. Lambert; and D. Pratt.

E.REPORTS

E.1.Amendment to the Heritage Valley Servicing Concept Design Brief

F.FIRST, SECOND AND THIRD READING BYLAWS

F.3.Bylaw 14779 - To adopt the Chappelle Neighbourhood Area Structure Plan

F.4.Bylaw 14845 - Rezoning from AG to RF6; located north of 41 Avenue SW and west of 141 Street SW, Chappelle

F.5.Bylaw 14846 - Rezoning from AG and AGU to AGU, PU, RA7, RF4, RF5, RPL and RSL; located north of 41 Avenue SW and west of 141 Street SW, Chappelle

T. Brocklesby, Planning and Development Department, made a presentation.

Councillors R. Hayter, K. Leibovici and D. Thiele entered the meeting.

J. Hancock, Transportation Department, made a presentation.

Moved B. Anderson – D. Iveson:

That in Bylaw 14779, Section 3.3.8,paragraph 3 be replaced with the following:

“The Owner and Administration will collaborate to assess the technical feasibility and land use compatibility of a Storm Water Management Facility (SWMF) based on a constructed wetland design within the Special Study Area lands. The result of this assessment will form the basis of a future plan amendment addressing the Special Study Area lands to be presented for Council’s consideration no later than February 2009.

If it is determined the SWMF is not technically feasible, then the Owner will enter into an agreement with the City of Edmonton to share (50/50) the total costs to re-naturalize the affected lands and Administration will prepare a Bylaw to amend the Plan to redesignate the Special Study Area to a Natural Area.

If it is determined the SWMF is technically feasible, then Administration will prepare a Bylaw to amend the Plan to:

  • redesignate the Special Study Area to a Natural Area inclusive of a naturalized SWMF; and
  • add specific text describing the design of the facility, the provision of public and maintenance access, and the re-naturalization of the remaining affected lands.

In the case where the SWMF is found to be technically feasible, Administration will document the background technical findings and rationalize its recommendation relative to the requirements of the following:

  • Environmental Reserve as per the Municipal Government Act,
  • Plan Edmonton;
  • the Natural Systems Policy;
  • the Urban Parks Management Plan;
  • the North Saskatchewan River Valley Area Redevelopment Plan;
  • Whitemud/Blackmud Ravine Trails Development Report;
  • Ribbon of Green;
  • Whitemud Nature Reserve Concept Plan; and
  • any other applicable City policy, guideline, protocol or business practice.”

T. Brocklesby, Planning and Development Department, answered Council's questions.

L. Newton, Stantec Consulting Ltd.; and J. Brown, Sherrick Management Ltd., answered Council's questions.

T. Brocklesby, Planning and Development Department; and
P. Alexander, Asset Management and Public Works Department, answered Council's questions.

Mayor S. Mandel vacated the Chair and Deputy Mayor R. Hayter presided. Mayor S. Mandel left the meeting.

T. Brocklesby, Planning and Development Department; and
J. Johnson, Corporate Services Department (Law), answered Council's questions.

Amendment moved D. Thiele – L. Sloan:

That, in paragraph 1, the following sentence be added after the first sentence:

“In addition, the Owner and Administration will review the potential impact on the neighbouring storm water management facility and contemplate future uses of that land.”

T. Brocklesby, Planning and Development Department, answered Council's questions.

Carried

For the

Amendment: J.Batty, T.Caterina, E.Gibbons, R.Hayter,
B. Henderson, D. Iveson, K. Krushell, K. Leibovici,
L. Sloan, A. Sohi, D.Thiele.

Opposed:B. Anderson.

Absent:S. Mandel.

Deputy Mayor R. Hayter asked if there was any new information anyone in attendance wished to address. No one responded.

Motion, as Amended, put:

That in Bylaw 14779, Section 3.3.8,paragraph 3 be replaced with the following:
“The Owner and Administration will collaborate to assess the technical feasibility and land use compatibility of a Storm Water Management Facility (SWMF) based on a constructed wetland design within the Special Study Area lands. In addition, the Owner and Administration will review the potential impact on the neighbouring storm water management facility and contemplate future uses of that land.The result of this assessment will form the basis of a future plan amendment addressing the Special Study Area lands to be presented for Council’s consideration no later than February 2009.
If it is determined the SWMF is not technically feasible, then the Owner will enter into an agreement with the City of Edmonton to share (50/50) the total costs to re-naturalize the affected lands and Administration will prepare a Bylaw to amend the Plan to redesignate the Special Study Area to a Natural Area.
If it is determined the SWMF is technically feasible, then Administration will prepare a Bylaw to amend the Plan to:
  • redesignate the Special Study Area to a Natural Area inclusive of a naturalized SWMF; and
  • add specific text describing the design of the facility, the provision of public and maintenance access, and the re-naturalization of the remaining affected lands.
In the case where the SWMF is found to be technically feasible, Administration will document the background technical findings and rationalize its recommendation relative to the requirements of the following:
  • Environmental Reserve as per the Municipal Government Act,
  • Plan Edmonton;
  • the Natural Systems Policy;
  • the Urban Parks Management Plan;
  • the North Saskatchewan River Valley Area Redevelopment Plan;
  • Whitemud/Blackmud Ravine Trails Development Report;
  • Ribbon of Green;
  • Whitemud Nature Reserve Concept Plan; and
  • any other applicable City policy, guideline, protocol or business practice.”
/ Planning & Dev.

Carried

For the Motion: B.Anderson, J.Batty, T.Caterina,E.Gibbons, R.Hayter, B. Henderson, D. Iveson, K. Krushell,
K. Leibovici,A. Sohi, D.Thiele.

Opposed:L. Sloan.

Absent:S. Mandel.

Moved B. Anderson – D. Thiele:

That Bylaw 14779, Section 3.3.5.7, Implementation, be replaced with:

“The Top of Bank line will be surveyed and established in principle prior to rezoning, and used as a basis to determine the final provision of Environmental Reserve with subdivision approval, as per the Municipal Government Act.”

(continued on page 10)

J. Johnson, Corporate Services Department (Law), answered Council's questions.

Orders of the Day were called.

Council recessed at 3:33 p.m.

Council reconvened at 4:05 p.m. Deputy Mayor R. Hayter presided.

Mayor S. Mandel; and Councillors E. Gibbons and A. Sohi were absent.

BYLAWS SCHEDULED TO COMMENCE AT 3:45 P.M.

A.5.Explanation of Public Hearing Process

Deputy Mayor R. Hayter explained the public hearing process.

A.6.Call for Persons to Speak

G.SECOND AND THIRD READING BYLAWS

G.1.Bylaw 14767 - Amendment to the Edmonton Municipal Development Plan

There were no persons present to speak to the passing of Bylaw 14767.

F.FIRST, SECOND AND THIRD READING BYLAWS

F.7.Bylaw 14649 - Amendment to the Strathcona Area Redevelopment Plan

F.8.Bylaw 14650 - Rezoning from RF5 and RA7 to DC2, located on the west of 101 Street NW and north of 83 Avenue NW, Strathcona

Deputy Mayor R. Hayter asked if there was any objection to Bylaws 14649 and 14650 being read together. No one objected.

In favour: E. Cancian, Time Developments.

Opposed: J. Booth; A. deVillars; and B. Johnston.

G.SECOND AND THIRD READING BYLAWS

G.1.Bylaw 14767 - Amendment to the Edmonton Municipal Development Plan

Moved K. Leibovici – T. Caterina:

That Bylaw 14767, Section j) be amended by replacing “earn 80% of the median income” with “earn 80% or less of the median income.” / Planning & Dev.

A. Giesbrecht, Office of the City Clerk, answered Council's questions.

Carried

For the Motion: B.Anderson, J.Batty, T.Caterina, R.Hayter,
B. Henderson, D. Iveson, K. Krushell, K. Leibovici,
L. Sloan, D.Thiele.

Absent:S. Mandel; E. Gibbons, A. Sohi.

Moved B. Anderson – K. Leibovici:

That the public hearing on Bylaw 14767 be closed.

Carried

For the Motion: B.Anderson, J.Batty, T.Caterina,R.Hayter,
B. Henderson, D. Iveson, K. Krushell, K. Leibovici,
L. Sloan, D.Thiele.

Absent:S. Mandel; E. Gibbons, A. Sohi.

Moved B. Anderson – K. Leibovici:

That Bylaw 14767 be read a second time.

Carried

For the Motion: B.Anderson, J.Batty, T.Caterina, R.Hayter,
B. Henderson, D. Iveson, K. Krushell, K. Leibovici,
L. Sloan, D.Thiele.

Absent:S. Mandel; E. Gibbons, A. Sohi.

Councillor A. Sohi entered the meeting.

Moved B. Anderson – K. Leibovici:

That Bylaw14767 be read a third time. / Distribution List

Carried

For the Motion: B.Anderson, J.Batty, T.Caterina, R.Hayter,
B. Henderson, D. Iveson, K. Krushell, K. Leibovici,
L. Sloan, A. Sohi, D.Thiele.

Absent:S. Mandel; E. Gibbons.

A. Giesbrecht, Office of the City Clerk, answered Council's questions.

E.REPORTS

E.1.Amendment to the Heritage Valley Servicing Concept Design Brief

F.FIRST, SECOND AND THIRD READING BYLAWS

F.3.Bylaw 14779 - To adopt the Chappelle Neighbourhood Area Structure Plan

F.4.Bylaw 14845 - Rezoning from AG to RF6; located north of 41 Avenue SW and west of 141 Street SW, Chappelle

F.5.Bylaw 14846 - Rezoning from AG and AGU to AGU, PU, RA7, RF4, RF5, RPL and RSL; located north of 41 Avenue SW and west of 141 Street SW, Chappelle

T. Brocklesby, Planning and Development Department answered Council's questions.

Councillor E. Gibbons entered the meeting.

Mayor S. Mandel entered the meeting. Deputy Mayor R. Hayter vacated the Chair and Mayor S. Mandel presided.

(continued from page 8)

Motion on Item F.3., put:

That Bylaw 14779, Section 3.3.5.7, Implementation, be replaced with:
“The Top of Bank line will be surveyed and established in principle prior to rezoning, and used as a basis to determine the final provision of Environmental Reserve with subdivision approval, as per the Municipal Government Act.” / Planning & Dev.

Carried

For the Motion: S.Mandel; B.Anderson, J.Batty, T.Caterina,
E.Gibbons, R.Hayter, B. Henderson, D. Iveson,
K. Krushell, L. Sloan, A. Sohi, D.Thiele.

Absent:K. Leibovici.

Mayor S. Mandel asked if there was any new information anyone in attendance wished to address. No one responded.

Moved B. Anderson – D. Iveson:

That the public hearing on Bylaws 14779, 14845 and 14846 be closed.

Carried

For the Motion: S.Mandel; B.Anderson, J.Batty, T.Caterina,
E.Gibbons, R.Hayter, B. Henderson, D. Iveson,
K. Krushell, K. Leibovici, L. Sloan, A. Sohi,
D.Thiele.

Moved B. Anderson – D. Iveson:

That Bylaws 14779, 14845 and 14846 be read a first time.

Carried

For the Motion: S.Mandel; B.Anderson, J.Batty, T.Caterina,
E.Gibbons, R.Hayter, B. Henderson, D. Iveson,
K. Krushell, K. Leibovici, L. Sloan, A. Sohi,
D.Thiele.

Moved B. Anderson – D. Iveson:

That Bylaws 14779, 14845 and 14846 be read a second time.

Carried

For the Motion: S.Mandel; B.Anderson, J.Batty, T.Caterina,
E.Gibbons, R.Hayter, B. Henderson, D. Iveson,
K. Krushell, K. Leibovici, L. Sloan, A. Sohi,
D.Thiele.

Moved B. Anderson – D. Iveson:

That Bylaws 14779, 14845 and 14846 be considered for third reading.

Carried

For the Motion: S.Mandel; B.Anderson, J.Batty, T.Caterina,
E.Gibbons, R.Hayter, B. Henderson, D. Iveson,
K. Krushell, K. Leibovici, L. Sloan, A. Sohi,
D.Thiele.

Moved B. Anderson – D. Iveson:

That Bylaws14779, 14845 and 14846 be read a third time. / Distribution List

Carried

For the Motion: S.Mandel; B.Anderson, J.Batty, T.Caterina,
E.Gibbons, R.Hayter, B. Henderson, D. Iveson,
K. Krushell, K. Leibovici, L. Sloan, A. Sohi,
D.Thiele.

E.1.Amendment to the Heritage Valley Servicing Concept Design Brief

Moved B. Anderson – D. Iveson:

That the resolution to adopt an amendment to the Heritage Valley Servicing Concept Design Brief be approved. / Planning & Dev.

Carried

For the Motion: S.Mandel; B.Anderson, J.Batty, T.Caterina,
E.Gibbons, R.Hayter, B. Henderson, D. Iveson,
K. Krushell, K. Leibovici, L. Sloan, A. Sohi,
D.Thiele.

F.6.Bylaw 14807 - Closure of a portion of the north/south lane, located south of 100 Avenue, between 115 Street and 116 Street, Oliver

S. Mohamed, Planning and Development Department, made a presentation.

C. Twinn made a presentation and answered Council's questions.

D. Nord, Community of Oliver Group and Oliver Community League, made a presentation and answered Council's questions. M. Aubry, Community of Oliver Group, made a presentation. D. Howatt; and
L. Chasse made presentations and answered Council's questions.
C. Bolivar made a presentation.

Council recessed at 5:29 p.m.

Council reconvened at 7:02 p.m.

Councillors R. Hayter, K. Leibovici and L. Sloan were absent.

G. McCuaig made a presentation. A document provided by
G. McCuaig, entitled “Notice to Property Owners,” was distributed to Members of Council and a copy was filed with the Office of the City Clerk.

Councillors K. Leibovici and L. Sloan entered the meeting.

G. McCuaig answered Council's questions.

Councillor R. Hayter entered the meeting.

R. Bakshi made a presentation. G. Barr, Barr Picard, made a presentation and answered Council's questions. W. Mustard;
A. Lambert; and D. Pratt made presentations.

S. Mohamed, Planning and Development Department; C. Whalen, Transportation Department; J. Johnson, Corporate Services Department (Law); and D. Wray and D. Dublanko, Asset Management and Public Works Department, answered Council's questions.

Mayor S. Mandel asked if there was any new information anyone in attendance wished to address.

C. Twinn made a further presentation and answered Council’s questions.

D. Nord, Community of Oliver Group and Oliver Community League, made a further presentation.

J. Johnson, Corporate Services Department (Law); and A. Giesbrecht, Office of the City Clerk, answered Council's questions.

Mayor S.Mandel asked if there was any new information anyone in attendance wished to address. No one responded.

Moved R. Hayter – B. Anderson:

That the public hearing on Bylaw 14807 be closed.

Carried

For the Motion: S.Mandel; B.Anderson, J.Batty, T.Caterina,
E.Gibbons, R.Hayter, B. Henderson, D. Iveson,
K. Krushell, K. Leibovici, L. Sloan, A. Sohi,
D.Thiele.

Moved R. Hayter – B. Anderson:

That Bylaw 14807 be read a first time.

Lost

For the Motion: S.Mandel; T.Caterina, E.Gibbons, R.Hayter,
A. Sohi.

Opposed:B. Anderson, J. Batty, B. Henderson, D. Iveson,
K. Krushell, K. Leibovici, L. Sloan, D. Thiele.

F.7.Bylaw 14649 - Amendment to the Strathcona Area Redevelopment Plan

F.8.Bylaw 14650 - Rezoning from RF5 and RA7 to DC2, located on the west of 101 Street NW and north of 83 Avenue NW, Strathcona

S. Mohamed, Planning and Development Department, made a presentation.

E. Cancian, Time Developments, made a presentation and answered Council's questions.

Moved J. Batty – D. Iveson:

That Orders of the Day be extended to hear from registered speakers.

Lost

For the Motion: S.Mandel; J.Batty, E.Gibbons, B. Henderson,
D. Iveson, K. Leibovici, A. Sohi.

Opposed:B. Anderson, R. Hayter, L. Sloan, D. Thiele.

Absent:T. Caterina, K. Krushell.

J. Booth, Strathcona Centre Community League, made a presentation and answered Council's questions.

A. Giesbrecht, Office of the City Clerk, answered Council's questions.